Flaxman v. Flaxman’s Empirical Analysis
1971
Citation profile
5 federal appellate · 51 state decisions
How this case has been cited
Cited by 62 later decisions — most recently May 2016 · most notably Dodd v. Dodd (1972), Faustin v. Lewis (1981)
5 federal appellate · 51 state decisions — followed in 15 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on American Surety Co. v. Conner · 45 Cal. 2d 872 - Sefton v. Sefton · Sleicher v. Sleicher · Gaines v. Jacobsen · Nelson v. Nelson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Were we to hold otherwise, a husband, whose divorced wife had remarried, could never be certain that the financial responsibility for his former wife would not shift back to him. Moreover, only she and her second ‘husband’ ordinarily would know whether there was cause for an annulment, and the option would be hers either to annul or ratify the marriage.””
4 later decisions quote this exact passage · from the majority“... When she enters into a second marriage ceremony, she holds herself out as having remarried and her first husband is entitled to rely upon her new marital status. He may assume that his financial obligations to her have ceased and reorder his own affairs accordingly. This freedom from such obligations may lead him to change his mode of living or even to remarry and establish a new family. [ 57 N.J. at 463 ]”
1 later decision quote this exact passage · from the majority“Courts have been particularly wary of applying the 'relation back' fiction where it might adversely affect the rights of innocent third parties.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.